Page 241 - Sotheby's Fine Chinese Art NYC September 2023

European Union or United Kingdom, then you have the (iv) We are not liable to you for any acts or omissions Content for your NFT to advertise, market, or sell any digital wallets and other storage mechanisms, (i) the catalogue description was in accordance (5) the manner in which the text or illustrations are
right to cancel the contract for any delivery services in in connection with the conduct of the auction or for third party product or service; (c) use the Referenced cryptocurrencies, blockchain technology, and the with the opinions of scholars and experts, which are defective does not result in a material loss in value of
connection with your purchase of a Lot (the “Services any matter relating to the sale of any Lot, other than Content for your NFT for any derogatory or defamatory use, characteristics, functionality, programming, generally accepted and known or privately expressed the Lot.
Cancellation Right”) for any reason during the period of as set out in the Authenticity Guarantee, or as may be purpose that creates harmful associations or a risk and/or other material characteristics of all of the to us, as at the date of the sale, or the Lot description 16. Miscellaneous
14 calendar days after the conclusion of the contract for required by applicable law. of harm, damage or liability to any of the Sotheby’s foregoing, to fully understand and agree to these indicated that there was a conflict of such opinions;
delivery services (the “Services Cancellation Period”). Group Companies, e.g., in connection with images, Conditions of Business for Buyers and the disclaimers (a) You shall provide to us, upon our request,
(v) The Seller of any Lot is not liable to you for any (ii) the only method of establishing that the Lot was
(ii) If you request us to begin performance of the acts or omissions in connection with any matter videos, or other forms of media that depict hatred, and risks outlined herein, or have consulted with a counterfeit at the date of the sale would have been verification of identity and any additional information
required to comply with our Know Your Client
delivery services during the Services Cancellation relating to the sale of such Lot, other than a breach of intolerance, violence, cruelty, or anything else that professional advisors in relation to the foregoing by means or processes not then generally available or requirements, applicable law or to evidence your
could reasonably be found to constitute hate speech
such that any participation by you in the auction of
Period and subsequently decide to exercise your the express representations and warranties given by accepted, unreasonably expensive or impractical to authority to enter into these Conditions of Business
right to cancel the provision of services during the the Seller. or otherwise infringe upon the rights of others; (d) any NFT constitutes an informed acceptance of such use, or likely to have caused damage or loss of value for Buyers. If you are an agent acting on behalf of a
disclaimers and risks.
sell, distribute for commercial gain (including, without
Services Cancellation Period, you shall pay us the (vi) Unless we own a Lot offered for sale, we are not to the Lot; principal, you shall also disclose to us the identity
cost of the services that have been performed by responsible for any breach of these Conditions of limitation, giving away in the hopes of eventual 14. Data Protection (iii) the manner in which the Lot is said to be a of the principal and provide to us, upon our request,
commercial gain), or otherwise commercialize
the time you exercise your cancellation right. We will Business for Buyers by the Seller. (a) We will hold and process your personal counterfeit is due only to damage, restoration, verification of identity and any additional information
make any reimbursement due to you not later than 14 merchandise that includes, contains, or consists of information and may share it with another Sotheby’s modification work of any kind (including repainting required to comply with our Know Your Client
the Referenced Content for your NFT; (e) attempt to
days after the date on which we are informed about (vii) Neither you nor we nor the Seller will be liable Group Company for use as described in, and in line or over-painting) present at the time of the sale, or requirements, applicable law with respect to you and the
your decision to cancel the services. We will make for any special, consequential, indirect, incidental or trademark, copyright, or otherwise acquire additional with, our Privacy Policy published on our website the inability of the manufacturer, maker or relevant principal or to evidence your authority to bid on behalf
intellectual property rights in or to the Referenced
the reimbursement to you using the same method of punitive damages. https://www.sothebys.com/privacy-policy or available archives to confirm the authenticity and attribution of of and to bind the principal. We reserve the right to seek
payment as you used for the initial transaction, unless (viii) With respect to Experiences, no Sotheby’s Content for your NFT; (f) create, sell or attempt to on request by email to enquiries@sothebys.com. the Lot; or identification of the source of funds received. If we have
create or sell fractionalized interests in the Referenced
expressly agreed otherwise. We will not charge any fee Group Company, nor our and their respective officers not completed our enquiries in respect of Know Your
in connection with processing the reimbursement. and employees, will be liable for any negligent act or Content or any NFT; or (g) otherwise utilize the (b) We may film auctions or other activities on any (iv) the manner in which the description of the Lot is Client, Sanctions, anti-money laundering, anti-terrorist
Referenced Content for your NFT for your or any third
(c) To exercise a Consumer or Services Cancellation omission of any person or entity providing any goods party’s commercial benefit. Sotheby’s Group Company’s premises and such incorrect does not result in a material loss in value of financing or other checks as we consider appropriate
recordings may be transmitted over the internet via
the Lot.
Right, you must notify us of your intention to cancel or services arising out of or in connection with the (iii) If the Referenced Content associated with your our website or other Online Platforms or social media. concerning you (or your principal, if applicable) to
by a clear statement (e.g. a letter sent by post, fax or fulfillment of an Experience or the Buyer’s participation Online and telephone bids may be recorded and you (f) Subject to the above, if we reasonably determine our satisfaction or if we are not satisfied in our sole
email) prior to the end of the Consumer or Services in the Experience, or for any claims, causes of action, NFT contains third party copyrights, trade secrets, agree to such recording. that the Lot is a counterfeit, we will ensure that the discretion with the results of such enquiries, we may,
trademarks, know-how, patent rights or any other
Cancellation Period. Alternatively, you may use the liabilities, damages, losses, or expenses (including sale is rescinded, and that the Buyer is refunded the in our sole discretion, prohibit you or the principal from
following model cancellation form: but not limited to reasonable attorneys’ fees) arising intellectual property rights recognized in any country 15. AUTHENTICITY GUARANTEE Purchase Price in the currency of the sale. bidding, or not complete, cancel or rescind the sale of
or jurisdiction in the world (collectively, “Third Party
out of or in connection with the Buyer’s interaction any Lot, including refusing or returning any payment,
To: Sotheby’s [insert the name of the company within with the Seller or any third party in connection with an IP”) (e.g., licensed intellectual property from any rights (a) We, as principal, provide an Authenticity Guarantee (g) The rescission of the sale and the refund of the
the Sotheby’s Group conducting the relevant sale] holder, such as music performance rights or publicity to the Buyer, subject to the following terms and Purchase Price is the Buyer’s sole remedy available as appropriate, and take any further action required or
Experience. permitted under applicable law without any liability to
I/We* hereby give notice that I/We* cancel [my/our (ix) Without prejudice to Conditions 13(a)(i)-(viii), rights), you understand and agree as follows: (a) you conditions, that the Lot is not a “counterfeit”. For these under the Authenticity Guarantee and is in lieu of any you.
other remedy that might otherwise be available to the
purposes, a “counterfeit” means a Lot that in Sotheby’s
online purchase of the following goods[*]][the provision our and the Seller’s aggregate liability to you under will not have the right to use such Third Party IP in reasonable opinion is an imitation created to deceive Buyer as a matter of law or in equity. (b) You are personally liable for your bid. If you are
of the following delivery services [*]], any way except as incorporated in the Referenced
these Conditions of Business for Buyers for any claim Content for your NFT, and subject to the license and as to authorship, origin, date, age, period, culture or (h) Additional provisions specific to Lots in Jewelry, an agent acting on behalf of a principal, you and your
Ordered on [*]/received on [*], relating to a Lot will not exceed the amount of the restrictions contained herein; (b) depending on the source, where the correct description of such matters Wine & Spirits, Tea and Books & Manuscripts auctions: principal are bound by the terms of these Conditions of
Purchase Price of the Lot actually paid, except in the nature of the license granted from the owner of the is not reflected by the description in the catalogue Business for Buyers and jointly and severally assume
Name of Consumer(s):
case of our willful misconduct or fraud, or in the case Third Party IP, we may need to (and reserve every right (taking into account any glossary of terms). No Lot (i) With respect to Lots containing any gemstone, your obligations and liabilities under them.
Address of Consumer(s): of death or personal injury caused by our negligent to) pass through additional restrictions on your ability shall be considered a counterfeit by reason only of any jade or pearls, the Authenticity Guarantee is that the (c) We own the exclusive copyright to all images and
Signature of Consumer(s) [only if the notification is in acts or omissions. to use the Referenced Content; (c) to the extent that damage and/or restoration and/or modification work gemstone or pearls are genuine or of natural origin, written material we produce relating to each Lot. You
hard copy] (b) In addition to the terms set forth in Condition 13(a) we inform you of such additional restrictions, you will of any kind (including repainting or over-painting). and the Guarantee Period for any claim that the cannot use them without our prior written permission.
gemstone, jade or pearls are not genuine or of natural
Notwithstanding anything to the contrary in this
be responsible for complying with all such restrictions
Date: above and without limiting Condition 3(j) above in any from the date that you receive the notice, and that Condition 15, with respect to NFTs, unless otherwise origin is 21 days from the date of the auction. We may use them as we deem appropriate, to the extent
way, NFTs shall be subject to the additional terms in permitted by law, before, during or after the sale of a Lot.
[*] Delete as appropriate this Condition 13(b). failure to do so will be deemed a breach of the license set forth on the respective Lot page on our website, the (ii) With respect to Lots sold in a Wine & Spirits or
contained herein; (d) such third party owns and retains Authenticity Guarantee is regarding the authorship of (d) The Conditions of Business for Buyers, including the
13. Exclusions and Limitations of Liability (i) We are only selling the ownership rights to all right, title and interest in and to such Third Party the Referenced Content, if any. Tea auction, the Authenticity Guarantee is that the Authenticity Guarantee, and the express representations
producer and vintage (and for Tea, type) is as stated in
(a) Generally the NFT and in no way are we responsible for any IP except as expressly licensed hereunder; and (e) (b) The Authenticity Guarantee is provided for a the description of the Lot, and the Guarantee Period is and warranties and indemnity given by the Seller
resales or secondary market sales of the NFT or the the licensor of such Third Party IP shall be a third- together are the entire agreement between us, the Seller
(i) Neither we nor the Seller will be liable for errors Referenced Content or any iterations of the same. party beneficiary of (but not a party to), and entitled period of five years after the date of the auction (the 21 days from the date of the auction. and you with respect to the subject matter hereof and
or omissions in the glossary of terms, if any, or the Any copyright(s) in and to the NFT and Referenced to enforce, these Conditions of Business for Buyers “Guarantee Period”), except as otherwise provided in (iii) With respect to Lots sold in a Books & supersedes all prior or contemporaneous written, oral or
Catalogue or other descriptions of the Lot, though if we Content, including but not limited to, any reproduction against you with respect to such Third Party IP. Condition 15(h) below. Manuscripts auction, the Authenticity Guarantee also implied understandings, representations or agreements
discover a material error or omission in such materials rights in any Referenced Content, remain with the (c) The Authenticity Guarantee is provided solely for includes a guarantee to the Buyer for a Guarantee relating to the subject matter of this agreement.
prior to the auction, we will endeavor to provide a creator(s) thereof, and the purchase of the NFT does (iv) Transfer of ownership to an NFT will not the benefit of the Buyer and cannot be transferred to Period of 21 days from the date of the auction that, If any part of this agreement is deemed invalid or
correction, time permitting. not constitute an assignment of any copyright(s) guarantee that you will continue to have access any third party. subject to Conditions 15(c)-(g), the Lot’s text and/or unenforceable, such invalidity or unenforceability will not
(ii) We reserve the right to withdraw any Lot before in and to the NFT or Referenced Content. If you to the Referenced Content to which it relates and (d) To claim under the Authenticity Guarantee, the illustrations are not materially defective. Subject to the affect the remaining provisions, which will remain in full
you further acknowledge and agree to the risks
the conclusion of the sale and will have no liability to purchase an NFT, then, including without limitation, associated with purchasing, using, transferring, Buyer must: following exceptions, if we reasonably determine that force and effect. No act, omission or delay by us shall be
you for such withdrawal. Regarding Experiences, we these Conditions of Business for Buyers, and any and owning NFTs, as applicable, including, but not the text or illustrations in a Lot are materially defective, deemed a waiver or release of any of our rights.
reserve the right to withdraw any Experience before Listing Terms, we hereby grant you a worldwide, non- limited to, telecommunications, network, server, or (i) notify us in writing within three months of receiving we will ensure that the sale is rescinded, and that the (e) These Conditions of Business for Buyers are binding
or after the sale, and we will have no liability to you for exclusive, non-transferable, royalty-free license to use, blockchain failures, malfunctions, or disruptions; risk any information that causes the Buyer to question Buyer is refunded the Purchase Price in the currency upon you, your estate, heirs, executors, devisees,
such withdrawal. copy and display the NFT and the Referenced Content of losing access to the NFT due to lost or forgotten the authenticity or attribution of the Lot and in any of the sale. We reserve the right to reject a claim under representatives, administrators, successors and
for such purchased NFT solely for the following event by no later than the expiry of the Guarantee this Condition 15(h) if:
(iii) We offer the Online Platforms as a convenience purposes: (a) for your own personal, non-commercial private key(s) or password(s) or corrupted wallet Period, specifying the Lot number and the date of the permitted assigns.
to clients. The application that enables participation use; (b) as part of a marketplace that permits the files; mis-typed addresses or incorrectly constructed sale in which it was purchased, and providing all the (1) the Lot comprises an atlas, an extra-illustrated (f) You may not assign or delegate your rights or
via the Online Platforms is optimized for broadband purchase and sale of your NFTs; or (c) as part of a third transactions; viruses, phishing, bruteforcing, hacking, information in the Buyer’s possession in support of the book, a volume with fore-edged paintings, a periodical obligations under these Conditions of Business without
connectivity (DSL or cable modem). Broadband party website or application that permits the inclusion, security breaches, mining attacks, or other means Buyer’s claim; and publication or a print or drawing; our prior written consent.
or other internet capacity constraints, corporate involvement, or participation of your NFT. This license of cyber-security attack; custodial or buyer error; (2) in the case of a manuscript, the Lot was not
firewalls and other technical problems beyond our only lasts as long as you are the valid owner and holder regulatory interference in one or more jurisdictions; (ii) return the Lot to us or, at our direction, to the described in the Catalogue as complete; (g) Notices to us should be in writing and addressed
reasonable control may create difficulties for some of the NFT associated with the Referenced Content. token taxation; personal information disclosure; Seller or another third party, in the same condition as (3) the defect complained of was mentioned in the to the department in charge of the sale, quoting the
users including, for example, in relation to accessing If you sell or transfer the NFT to another person, this uninsured losses; and other unanticipated risks. at the date of sale to the Buyer and be able to transfer reference number specified for the auction.
an auction via the Online Platforms and in maintaining license will transfer to such other owner or holder of (v) Neither you nor we nor the Seller will be liable good title in the Lot, free from any third-party interest Lot description or the item complained of was sold 17. Law and Jurisdiction
un-named in a Lot;
continuity of such access. Neither we nor the Seller the NFT, and you will no longer have the benefits of for any special, consequential, indirect, incidental or or claim(s) arising after the date of the sale.
will be liable to you for any failure to execute bids such license. All rights not expressly granted herein punitive damages, including, as applicable, damages In addition, we may also require the Buyer to obtain at (4) the defect complained of is not a defect in text This agreement will be governed by and construed
through our Online Platforms, or errors or omissions are reserved. relating to any of the risks or disclaimed attributes set the Buyer’s cost the reports of two independent and or illustration, such as without limitation, damage to in accordance with the laws of the State of New York.
in connection therewith, including, without limitation, forth in Condition 13(b)(iii). In addition to the above, recognized experts in the field, mutually acceptable bindings, stains, foxing, marginal wormholes, lack In the event of a dispute arising from or relating to
errors or failures caused by (1) any loss of connection (ii) You agree that you may not, nor permit any third we will not be liable for any loss whatsoever related to us and the Buyer. We will not be bound by any such of blank leaves or half titles or other conditions not this agreement, you agree to submit to the exclusive
between you and our Online Platforms; (2) a party to do or attempt to do any of the following to damage or corruption to the Referenced Content, reports and we reserve the right to seek additional affecting the completeness of the text or illustration, jurisdiction of the state courts of and the federal courts
breakdown on or problem with our Online Platforms without our (or, as applicable, our licensors’) express failure of the NFT to reference the Referenced Content, expert advice at our expense. lack of list of plates, inserted advertisements, cancels sitting in the State and County of New York, though we
or other technical services; or (3) a breakdown or prior written consent in each case: (a) modify the or loss of, or other security or persistence issues (e) We reserve, in our absolute discretion as principal, or any subsequently published volume, supplement, will retain the right to bring proceedings in a court other
problem with your internet connection, computer, Referenced Content for NFTs in any way, including, related to, the Referenced Content. appendix or plates or error in the enumeration of the than the state and federal courts sitting in the State and
mobile device or system. without limitation, the shapes, designs, drawings, the right to reject a claim under the Authenticity plates, or is based on the age of hand-coloring in maps, County of New York.
attributes, or color schemes; (b) use the Referenced (vi) You have sufficient understanding of NFTs, Guarantee if: atlases or books; or Last Modified August 7, 2023
478 SOTHEBY’S COMPLETE CATALOGUING AVAILABLE AT SOTHEBYS.COM/N11275 479